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The defendant's appeal is dismissed.
Reasons
1. In light of the fact that the gist of the grounds for appeal acknowledges and reflects the error of the defendant, the defendant driving a vehicle parked in front of the entrance of the parking lot as a security guard and the distance of movement is only five meters, and the defendant's economic situation is difficult, etc., the punishment of the court below (the fine of KRW 3.5 million) is too unreasonable.
2. In full view of the fact that the blood alcohol concentration in the instant case is highly high, the fact that the Defendant was punished by a fine due to drinking and unlicensed driving, and other factors of sentencing as shown in the pleadings in the instant case, including the Defendant’s age, character and conduct, the environment, the details and result of the instant crime, and the circumstances after the instant crime, etc., even if considering the circumstances of the Defendant’s assertion, it cannot be said that the lower court’s punishment is too unreasonable.
3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.